Legal Opinion · Concurrence

In Re the Marriage of Davis

Court of Appeals of Oregon

Decided April 28, 2004No. C001651DR; A116839Published

1ConcurrenceDeits, C. J.

I agree with the majority that the trial court did not err in applying the cognitive test or in concluding that, under the cognitive test, wife was mentally competent to enter into the stipulated judgment. However, I write separately to note *281that it may be appropriate to reexamine and clarify the law of mental competency to enter into contracts in light of recent developments in this area of the law.

Husband and wife were married for approximately 17 years. The parties have two minor children, who were 8 and 10 years old at the time that the stipulated judgment was entered. The marriage…

2Cases cited17 opinions

  1. Ortelere v. Teachers' Retirement BoardNew York Court of Appeals · 1969
  2. Hatley v. StaffordOregon Supreme Court · 1978
  3. Toomey v. MOORE ET UXOregon Supreme Court · 1958
  4. First Christian Church v. McReynoldsOregon Supreme Court · 1952
  5. Legler v. LeglerOregon Supreme Court · 1949

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